Negative commitments are a useful tool for a lender who wants to enforce such agreements against a borrower. A lender should be aware, however, that a negative commitment does not prevent the appearance of pledges on the ground which is the subject of a negative collateral. Negative deposit agreements do not include asset collateral; On the contrary, the commitment gives the lender a “reason to act.” The lender may act against the party that signs the negative commitment, as it is the only one to be contractually bound. This means that, in most cases, you have no right or reason for redress against the third party who places pledges on the borrower`s estate. Third parties are not bound by a negative deposit agreement between you and the borrower. The procedure of notarized sale of a real estate guaranteed by a right of pawn on the basis of a notarized deed directly executable between certain legal persons (at least one of the parties is a credit institution) allows the implementation of the real estate guarantee with a property much more quickly. Since the undertaking benefits both parties, the duty of instruction is required to exercise only ordinary diligence as to the undertaking made. The pawnbroker has the right to sell the collateral if the deposit does not provide the payment on the agreed date. As a result of an illegal sale, no property is guaranteed to a third-party buyer, unless it is a transfer of property such as money or marketable securities. In all other cases, persons without notice (BFP) must prove that they are a good faith buyer. For certain types of assets, as defined in the detailed laws of the jurisdiction, such a new owner (BFP) must have first consulted (before the purchase) without any other property being disclosed, and then have issued a public notice or registered its title before the Pfederin in a register recognized by the courts.

Following an illegal sale by a deposit taker (for example. B if the pledgee has met its payment schedule and has the right to import the goods if it is still the case), the pledge cannot recover the amount of the pledge or the value of the deposit without the amount due being declared (under the guarantee of the pledge). [3] Thar is in opposition to the general mortgage law, which allows most murderers to maintain a means of taking legal action against an illegal sale in order to restore the property to its qualified property when they update the arrears of payment. A security agreement reduces the lender`s risk of default.